REV (RTD) SETH ODEI ASARE & ANOR VS ABUSUAPANIN SETH ADU ANSAH
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE GIFTY DEKYEM (MRS.)
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Tort Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court judgment by Her Ladyship Justice Gifty Dekyem (Mrs.) concerns siblings seeking a declaration of title, recovery of possession, injunctive relief, and an order against the Lands Commission concerning a 15.49-acre parcel at Obodan-Aburi, Akwapem South, Eastern Region. They showed a lineage of ownership from their grandfather, Kwabena Mensah, to their father, Kwabena Dei, who gifted the land to them, with customary ‘aseda’ performed. A Lands Commission search (Exhibit A) revealed a registration proposal by Abusuapanin Seth Adu Ansah. Despite service, the defendant failed to enter appearance or defend; the plaintiffs obtained default judgment and proved their case at trial. Applying Sections 11 and 12 of the Evidence Act and Ababio v. Akwasi, the court held the plaintiffs proved title and long possession, dismissed trespass for lack of evidence, granted declaratory and injunctive relief, ordered expungement of the defendant’s registration proposal, and awarded costs.
Per the writ of summons and statement of claim filed on 24/8/2022, the Plaintiffs sought the following reliefs: a) A declaration of title and recovery of possession to all that piece or parcel of land situate and being at Obodan-Aburi in the Akwapem South District in the Eastern Region containing an approximate area of 15. 49 acres (6. 27 Hectares) more or less and bounded on its sides by the properties of Asafo Combined Farm, Osiahene Nana Yirenkyi Diamon II, Kojo Sakyi Gyan and the property of Nana Ntiri Dada(Late Chief of Obodan). b) General damages for trespass c) Perpetual injunction restraining the Defendant by himself, his servants, agents, assigns, privies, and all persons claiming through him from entering and interfering with the use and enjoyment of the Plaintiffs’ land.
d) An order directed at the Lands Commission to expunge any proposal, interest and/or all registration entered in the name of the defendant relative to any portion of the plaintiffs’ land.
In the statement of claim, Plaintiffs averred that, they are siblings and the disputed land was originally acquired by their grandfather by name Kwabena Mensah many years ago and farmed on the land.
They averred that during the lifetime of their grandfather, he gifted the disputed land to their father (deceased) Kwabena Dei who performed ‘aseda’ and continued to farm on the land.
It is the case of the Plaintiffs that during the lifetime of their late father, he gifted the disputed land to them at a family gathering in the presence of the chief and some elders of Osiahene.
The plaintiffs asserted that they accepted the gift and performed ‘aseda’ by presenting a sheep, ‘guaha’ sandals, dress, money, and sponge helmet known as ‘Aduasakyew’. Plaintiffs continued farming on the land and about thirty-five years ago they shared the land equally between them.
It is their case that although they shared the land, they continued to use the same caretakers who continued to farm on the land on their behalf.
Plaintiffs averred that their land has ‘ntome’ trees and the ‘sintiriso’ valley which serve as physical features of their boundary.
The Plaintiffs averred that in 2019 they decided to register their lands.
They averred further that upon a search conducted at the Lands Commission, it became clear that the Defendant whom they do not know had proposed to register their land.
The Plaintiffs contend that unless stopped by this honourable court, the defendant will continue registering their land.
A